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maxx hd by motorola. droid-smart. droid-powerful. >> shepard: 17 minutes before the hour. just looking at cigarettes can apparently hurt you. that's the argument from new york city mayor michael bloomberg, he is introducing a new law to have stores hide cigarettes, and he says seeing cigarettes can make it harder for smokers to quit. critics are comparing this to the mayor's attempted ban on large sugary sodas, and that was struck down last week as arbitrary and capricious. here's our legal panel. defense attorney, heather hansen, and joanna spilborghs are with us. i don't know, heather. they have beer in the case. i don't know. >> i have to tell you, shep, i think there's a good legalling ament this can't stand. it's the fda's job and not the state's job to regulate this stuff. second of all there's a free speech argument that is very strong here. they're advertising and they can't regulate free speech. other regulations on advertising have not passed and there's a strong free speech argument as well. >> i don't think there's any legal argument against what bloomberg wants to do. he i
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